A brief breakdown of the courts present in South Africa
South Africa is said to have the best constitution in the world, in large part because of the lessons our nation learned from the apartheid era. To reinforce our world-class constitution, we are blessed with a robust legal system that consist of several kinds and levels of courts that all cater to specific bodies of law.
From the Constitutional Court, the highest court in the land, to the lower courts like the Small Claims Courts and the District Magistrate Courts, many South Africans take solace in knowing just how covered they are when it comes to matters arising from disputes, crime, unfair dismissals and many more.
The courts of South Africa are all those dealing with civil and criminal matters and are responsible for administering justice in South Africa. They are all established under the Constitution of South Africa as well as the myriad of the Acts of the South African Parliament. These courts can be divided into 4 categories: superior courts, lower courts, specialist courts and military courts. Let’s take a closer look at a few of the courts that fall under them.
Superior courts
Constitutional Court
As the highest court in the land, the Constitutional Court deals with constitutional matters. It handles appeals that relate to the constitution only after a judgment has been handed down by another superior court – the Supreme Court of Appeal deals with all other appeal matters. No other court can overturn a ruling made by the Constitutional Court.
Supreme Court of Appeals
The SCA deals exclusively with appeals against judgments passed down by superior courts. Besides the Constitutional Court, no court in South Africa can overturn a ruling made by the Supreme Court of Appeal.
High Courts
High Courts deal with cases that can’t be handled by the Magistrate’s Courts, usually those involving high profile matters that are in the interests of the public. There are 10 provincial and three local high courts in South Africa, each of which presides over different jurisdictions.
Circuit courts are also part of the high court system, they move around the country to serve more underprivileged and rural areas, acting as pop-up high courts to cater to most South Africans.
Specialist courts
Labour Court
The Labour Court is a specialist court that has a similar level of authority as the High Court. It deals with labour law cases, that is, cases that arise out of workplace disputes between employers, employees and trade unions. These are disputes that cannot be resolved in Bargaining Councils or the CCMA.
Electoral Court
Established by the Electoral Commission Act of 1996, the Electoral Court oversees the Electoral Commission and the conduct of elections. The Electoral Court deals with matters relating to electoral conduct during and in between regional and national elections, ensuring that running parties don’t abuse their powers.
Military courts
There are a few military courts that deal exclusively with all matters relating to South Africa’s military. All members of the South African National Defence Force, regardless of rank, are subject to the Military Discipline Code and fall under the jurisdiction of the military courts. While minor offences are dealt with internally through disciplinary hearings, more serious offenses are taken to the relevant military court where the accuse is judged by a Military Judge.
Lower courts
The lower courts of South Africa exist to deal mostly with civil and minor criminal cases that do not merit hearings in superior courts. These courts include the Small Claims Court, the District and Regional Magistrate’s courts.
If you think that your situation merits a claim to any of these courts, don’t hesitate to get in touch with us, we look forward to helping you navigate the tricky landscape of law.
